Lawson-West - your legal partner for life

Separation

How Assets are Divided

If you own a house in joint names, your respective interests in the property are safe. Property rights apply, and in a dispute, the court will award division of the value of the property in direct proportion to the contributions you have made. It would be no different if you were brothers, cousins, or simply friends.

Without marriage you are simply two people jointly owning a property, and putting whatever amount into the acquiring of it. It becomes far more difficult if the property is in one person's name.

Suppose we assume that a house is owned by a man in his sole name. His girlfriend moves in and they co-habit, but decide not to marry. Thirty years later they break up, and never did marry. It is quite possible that the woman in this example would have no interest in the property at all, and thus no right to insist on a sale of it to divide the family assets so that they can go their separate ways. She could find herself leaving with nothing for her future security. Similarly, everything in the house must be dealt with under property rights.

In a divorce everything can be dealt by the court if the couple can't agree. But in an unmarried separation it will boil down to who bought what - very difficult to do after years together. Unless an item is a gift (in which case legal title passes to the receiver) everything you own would have to be identified as belonging to one or the other by purchase.

It is far better if you can enter into a documented agreement when you set up home together to provide for the possibility that it might not work out quite as well as you hope. We will be happy to help you draft such an agreement.

How Debts are Settled

You will be responsible for debts according to which of you entered into the deal. If you bought a car with a car loan, it's your debt. If your partner is using the car, it's still your debt.

It's a matter of the contract which you signed. Where you both signed a particular contract in your joint names, like a bank account in joint names which is overdrawn, it is a debt you both owe.

Separation of Married Couples

There is no law that says you have to live with someone you are married to. If you decide together that you would rather live apart, do so. Nobody will make you take the legal proceedings to dissolve your marriage.

Legal Separation vs. Divorce

It may be that one or both of you have particular religious beliefs that prevent you, in your own conscience, from applying for a divorce. If that is the case, and you still need help with other related issues, you could apply for a judicial separation. This is sometimes called a 'Legal Separation', but that does not imply that simply separating is not legal.

The procedure to obtain a judicial separation is almost exactly the same as the procedure for divorce. You must prepare a petition setting out your reasons for saying that you want a judicial separation, based on the same reasons you can use for a divorce petition.

The steps involved are almost identical, and it will cost you about the same amount in solicitor's costs and court fees.

The essential difference between a judicial separation and a divorce is that, at the end of the process for Judicial Separation you are still married, while at the end of the process for divorce you are not.

Trial Separation

Perhaps you aren't sure that your marriage is really over. Are you just going through difficult times? Living together is not easy, and it may be that one or both of you would like time to think things over.

The Alternatives

Relate/Marriage Guidance Counselling

It takes a lot of strength of character to admit that something is wrong. You can get help, if you feel that there might be a chance to save your marriage, or your partnership.

The counsellors at Relate are very experienced in family difficulties, and you might like to seek help there.

Mediation

Perhaps you feel that things are at an end between you, but you don't want to rush into divorce. You just want to try and sort out the practical things like who should stay at the house, or have the car, or where the children should live while you consider things for a while.

A qualified mediator might be able to help you here. He or she is trained and experienced in listening to what you want to try and sort out, and helping the two of you, together, to find the right answer.

We are always willing to discuss each individual situation. Please phone Janet Hopkins on 01858 445480 or James Haworth on 0116 212 1080 to arrange a free initial appointment.